_JA_OVER_SAT-HD Video Rhino-Laryngoscope-REDACTED.pdf

VHAPM Part 819.7007/7008 Page 1 of 3 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: REDACTED

1. Contracting Activity: Department of Veterans Affairs, VISN 7, Medical Center – Purchase Request –

IFCAP REDACTED

2. Nature and/or Description of the Action Being Approved: The Charleston VA Medical Center has an emergent need for fifth teen (15) HD Video Rhino-Laryngoscope. The action will be awarded as a new contract, firm-fixed price.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The flexible HD Video Rhino-Laryngoscopes are used for endoscopic imaging and image transmission, enabling endoscopic diagnostics of body cavities or hollow organs in ENT medicine. These laryngoscopes are designed for transient use in both surgically and naturally invasive interventions. The estimated value is REDACTED (each scope is REDACTED) (quantity of 15) with a need date of 11/25/2020.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business;

or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): In accordance with VAAR 819.7007 and VAAR 819.7008; it allows sole source award to SDVOSB based on 38 U.S.C.

8127(c). The SDVOSB has been determined by the Contracting Office to be a responsible source with respect to performance. Fed Data Checked on 11/6/2020.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart

5.2 and, if not, which exception under 5.202 applies: The Contracting Officer ran a search in the VIP database under NAICS Code (339112) with a key search word (Endoscopy) and it resulted in three vendors ( SDVOSB -1st American Medical Distributors, Inc.) (SDVOSB – L1 Enterprise Incorporated) and (VOSB – Endoscopy Medical Systems Corp.) Based on the VIP results, there are two or more SVOSBs/VOSB) within the marketplace for the requirement. This is emergent requirement – COVID19 related and the CO will be utilized FAR 5.202 (2) Exceptions – The proposed contract action is made under the conditions described in FAR 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency preclude competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

https://www.va.gov/oal/library/vaar/vaar819.asp https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions

VHAPM Part 819.7007/7008 Page 2 of 3

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will ensure the basis of price reasonableness is fair and reasonable by reviewing historical prices on existing contracts from the proposed vender as well as obtaining awarded contracts for similar items. The CO will preform price analysis for this requirement since it is firm fixed price. The CO will evaluate the cost of each scope from existing contracts as well as awarded contracts for similar items.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Based on preliminary market research that was conducted on 11/5/2020, currently there is a contractual vehicle on the FSS Schedule, FSC Group 65 II A (Medical Equipment and Supplies) with Karl Storz Endoscopy-America, Inc. (Large Business) which expires on 8/31/2023. This vehicle would be a viable option for this requirement however, based upon the urgent need – the CO would have to place an RFQ on GSA-ebuy per the ordering procedures which would require additional time to procure. Additional market research was conducted on 11/6/2020 by the Contract Specialist through the VIP database. Those results yielding 2 SDVOSBs and 1 VOSB within the marketplace that may be capable of filling the requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None at this time:

Authority under 38 USC 8127(c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: (1) L1 Enterprises – 618 W. Patrick St. Frederick, MD 21701 – Verified SDVOSB, DUNS 800190782, Cage 4SEC9.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

Based on the market research that was conducted by the Contract Specialist, the agency has thoroughly removed any barriers to competition. The first rule of thumb for any VA acquired supply/service is to check VIP Database. The CS checked the database and found (2) SDVOSB and (1) VOSBs. Based upon the requirements needed, (1) of the SDVOSB’s responded with interest. The Contract Specialist followed policy to ensure maximum competition was achieved before trying other avenues to Sole Source the requirement.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Date

REDACTED

Program Coordinator- Surgical Nurse VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

VHAPM Part 819.7007/7008 Page 3 of 3

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Date

_REDACTED

Contracting Officer Charleston Site

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Date

_ REDACTED

Division Chief, NCO 7

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

VHA Head of Contracting Activity (HCA) Date

d. VHA Senior Procurement Executive Approval (over $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs